Robert Half Australia Pty Ltd

[2023] FWCA 1686

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Robert Half Australia Pty Ltd

(AG2023/1649)

ROBERT HALF AUSTRALIA PTY LTD ADMINISTRATIVE SERVICES AGREEMENT 2023

Clerical industry
DEPUTY PRESIDENT DEAN	CANBERRA, 9 JUNE 2023

Application for approval of the Robert Half Australia Pty Ltd Administrative Services Agreement 2023.

An application has been made for approval of an enterprise agreement known as the Robert Half Australia Pty Ltd Administrative Services Agreement 2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Robert Half Australia Pty Ltd (Employer). The Agreement is a single enterprise agreement.

The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement.

Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 16 June 2023. The nominal expiry date of the Agreement is 8 June 2027.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the matter of the Fair Work Commission, Robert Half Australia Pty Ltd applied for approval of the Robert Half Australia Pty Ltd Administrative Services Agreement 2023. The agreement was intended to cover employees of the company who were members of the Australian Services Union. The Commission was required to determine whether the agreement met the necessary criteria for approval under the Fair Work Act 2009. The central legal issues before the Commission were whether the agreement fairly represented the interests of the employees and whether it complied with the relevant provisions of the Fair Work Act.

The Commission examined the agreement clause by clause, assessing its provisions against the statutory requirements for a certified agreement. The Commission noted that the agreement contained standard provisions regarding wages, hours of work, and other conditions of employment. It also included provisions for dispute resolution and the right to bargain collectively. The Commission considered that the agreement adequately represented the interests of the employees and was consistent with the principles of the Fair Work Act. The Commission found that the agreement was fair and met the criteria for approval. Consequently, the Commission approved the Robert Half Australia Pty Ltd Administrative Services Agreement 2023.

The Fair Work Commission approved the Robert Half Australia Pty Ltd Administrative Services Agreement 2023, finding that it met the necessary criteria under the Fair Work Act. The agreement was deemed to fairly represent the interests of the employees and comply with the statutory requirements. The Commission's approval of the agreement ensures that the terms and conditions of employment for the covered employees are governed by a certified agreement, providing a framework for fair and effective workplace relations.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established